- Ex-governor remanded in EFCC custody
A High Court of the Federal Capital Territory (FCT) yesterday reserved ruling in the bail application of former Kogi State Governor Yahaya Bello till December 10.
The court ordered the remand of the former governor and his two co-defendants in the custody of the Economic and Financial Crimes Commission (EFCC).
Bello is standing trial over an alleged N110 billion fraud, which the anti-graft agency, described in its charge as a breach of trust.
Justice Maryanne Anenih, who issued the order, said Bello and others should remain in the EFCC custody until there is a ruling on the bail applications.
Bello was arraigned along with Director-General, Kogi State Government House, Umar Oricha and Abdulsalami Hudu on a 16-count charge.
The defendants pleaded not guilty when the charge was read to them, following which the judge took arguments from lawyers to parties on the defendants’ bail applications.
Arguing the bail application, defendants’ lawyer, Joseph Daudu (SAN), said his clients were presumed innocent by the law until proven guilty, adding that it is within their rights to enjoy their liberty while preparing for trial.
Daudu, who earlier objected to the prosecution’s request for immediate commencement of trial, said the charge was served on his clients by 11pm on Tuesday.
He urged the court to discountenance the prosecution’s claim that Bello has another charge pending against him before a Federal High Court in Abuja and that he had refused to attend court.
Daudu said: “The court should not use issues from another court to determine the issue before this court (FCT High Court).”
The defence lawyer said Bello’s appearance in court showed his obedience to the court’s public summons issued on October 3.
He added: “What is important here is that he was summoned and he is in court today (yesterday).”
Daudu prayed the court to grant his clients bail, adding that once the prosecution filed charge and proof of evidence before the court, it presupposes that it has concluded its investigation and as such, there was no way the former governor can impede investigation.
Objecting to the defendants’ bail request, lawyer to the prosecution, Kemi Pinheiro (SAN), said the prosecution was against bail for Bello on three grounds.
The first ground, he said, bordered on the competence of the bail application; the second was the question about the factual content of the application, and the third was the application of judicial principles and guidance.
Pinheiro said the court assumed jurisdiction upon the arraignment of the defendants, adding that it was only after their arraignment that the court could assume jurisdiction over the case.
He said Bello’s bail application, which was dated and filed November 22, was filed when the defendants were yet to be arraigned, adding that the former governor was only taken into custody on Tuesday.
Pinheiro argued that as at when Bello’s application was filed, he was not in custody and there was no arraignment, pointing out that it was only after arraignment that the application for bail could be taken into account.
He noted that the court issued public summons, which was published on October 21 indicating that the former governor was aware of the case, but failed to attend court twice on October 24 and November 14 before he was produced by the prosecution yesterday.
On Daudu’s claim that Bello had exhibited good behaviour, Pinheiro said what was rather demonstrated by the plaintiff were scorn and contempt for the court by staying away twice.
He argued that Bello is a person of political clout and eminence, who may harass prosecution witnesses, some of whom are Kogi State Government officials.
Pinheiro therefore, urged the court not to grant the former governor bail.
Bello and his co-defendants were brought to the court by EFCC operatives, some of whom were heavily armed, at about 8:53am.
Before the proceedings, the courtroom was filled to the brim by Bello’s sympathisers, who took turns to pay homage to him where he sat.
When the judge began sitting, shortly after 9am, she expressed displeasure about the number of people in the courtroom and directed that those standing because of space constraints should leave.
The court audience, who were mostly Bello’s sympathisers, ignored the judge’s directive, prompting her to rise.
At that point, Bello prevailed on his supporters to heed the judge’s directive, an intervention which they promptly complied with.
The judge returned some minutes later to begin proceedings.
